The SCA Board of Directors Broke the Law!

“Seeking to protect homeowners” written by Ian Dixon and Jonathan Friedrich.

The authors have revealed in that article that a landmark decision was reached by the Real Estate Division of The State of Nevada. In effect the decision says a board of directors CAN NOT impose a special assessment on home owners without a vote of the residents.

As you know our board of directors in the year 2007 did exactly that when they raised our annual neighborhood assessment from $1,500 to $2,000 per yr. (a 33 1/3 % increase). In view of this legal precedent, the actions taken by the board were illegal, and the $500 increase (plus interest) should be returned to us. The board of directors (with the exception of Bob Frank), have failed to protect our interests by not allowing us to vote on the increase that took $81,000 from us. The board also failed to protect our interests when they made the decision to force the Villa residents to fund the neighborhood reserve shortages instead of requiring the developer to obey the Nevada Statutes.

In addition, twice I have notified the board of directors that according to the 2006 reserve study that was adopted by the Board of Directors, a deficit of $370,279 still exists in the reserves of the Villa neighborhoods even after the Villa agreement that limited Pulte/Del Webb’s liability. The board of directors has completely ignored their responsibility to make good the reserve shortages of the 2006 reserve study. Despite the Villa agreement, they also had the option of approaching Pulte/Del Webb and ask that the Villa reserve funds be adequately funded to the fully funded numbers of the 2006 reserve study, but again they have done nothing on our behalf.

If you have read the article in today’s LV Review Journal you also read the sub heading that states “Some association boards are out of control”

Sadly our current Board of Directors (with the exception of Bob Frank), is one of the worst examples.